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TA SCIENCES BARRED FROM MAKING FALSE ANTI-AGING CLAIMS

Telomerase Activation Sciences, CEO claimed two products could treat or
prevent a range of age-related conditions

A company and its CEO who allegedly advertised and sold two “anti-aging”
products using false or unsubstantiated claims have agreed to stop making
the claims under a Federal Trade Commission settlement order. The FTC
charged Telomerase Activation Sciences, Inc. and Noel Patton (collectively,
TA Sciences) with lacking the scientific evidence to support claims that
their capsules, powders, and creams could provide a broad range of anti-aging
and other health benefits.

Specifically, the FTC charged that TA Sciences falsely advertised that
both TA-65MD and TA-65 Skin reverse aging and that TA-65MD prevents and
repairs DNA damage, restores aging immune systems, increases bone density,
reverses the effects of aging skin and eyes, and prevents or reduces the
risk of cancer. TA Sciences also allegedly misrepresented that TA-65 Skin
decreases the time needed for skin to recover after medical procedures.

In addition to falsely claiming that some of these supposed results were
supported by scientific evidence, TA Sciences allegedly misrepresented
that a 2012 segment it paid for on
The Suzanne Show was independent, educational programing instead of advertising for TA-65MD.
Also, the FTC charged that TA Sciences deceptively represented that consumers
in its ads were independent users, expressing impartial opinions of the
product. In fact, they received free bottles of TA-65MD, worth up to $4,000,
in exchange for their endorsement.

Finally, the complaint states that TA Sciences gave promotional materials
containing false or unsubstantiated claims for the two products to other
supplement marketers, providing them with the means to engage in deceptive
acts or practices.

The proposed order settling the FTC’s charges prohibits TA Sciences from making any representation about the health
benefits, performance, efficacy, safety, or side effects of any covered
product, including TA-65MD and TA-65 Skin, unless the representation is
not misleading and is supported by competent and reliable scientific evidence.
It also prohibits TA Sciences from misrepresenting that any covered product
is clinically proven to reverse human aging, prevent or repair DNA damage,
restore aging immune systems, or increase bone density, or misrepresenting
that such evidence or studies exists.

The order further prohibits TA Sciences from misrepresenting that any paid
commercial advertising is independent programing, as well as failing to
disclose any material connection between a product endorser and the company.
It also bars TA Sciences from misrepresenting that any endorser is an
independent user of the product.

Finally, the order prohibits TA Sciences from helping anyone else make
false or misleading health and efficacy claims and requires TA Sciences
to notify its licensees of the order, monitor the ads of its highest-selling
licensees to ensure compliance, and terminate any licensee who continues
to make prohibited claims. Within 30 days, TA Sciences also must notify
consumers who bought TA-65MD or TA-65 Skin directly from the company within
the past year or through an active continuity program about the FTC order.

The Commission vote to issue the administrative complaint and to accept
the proposed consent agreement was 2-0. The FTC will publish a description
of the consent agreement package in the Federal Register shortly. The
agreement will be subject to public comment for 30 days, beginning today
and continuing through March 23, 2018, after which the Commission will
decide whether to make the proposed consent order final.
Interested parties can submit comments electronically by following the instructions in the “Invitation
to Comment” part of the “Supplementary Information” section.

NOTE: The Commission issues an administrative complaint when it has “reason
to believe” that the law has been or is being violated, and it appears
to the Commission that a proceeding is in the public interest. When the
Commission issues a consent order on a final basis, it carries the force
of law with respect to future actions. Each violation of such an order
may result in a civil penalty of up to $41,484.